ACCESS BANK PLC V
MRS. BRIDGET ORJIEH
MR. SUNDAYORJIEH
(For themselves and on behalf of the Dependants of Late Lucky Orjieh ) COURT OF APPEAL (BENIN DIVISION ) PHILOMENAMBUA EKPE JCA (Presided ) SAMUEL CHUKWUDIMEBI OSEJI JCA
NASIRU ONIYANGI JCA (Read the Lead Judgment ) CA/B/74/2016 SATURDAY, 1 JULY 2017
APPEAL - Garnishee order - Nature of - Execution of - Pending motion for stay of or appeal - Whether operates as stay of ENFORCEMENT OF JUDGMENT - Garnishee order - Nature of - Execution of - Pending motion for stay of or appeal - Whether operates as stay therefor ENFORCEMENT OF JUDGMENT - Garnishee proceedings - Nature of EVIDENCE - Unchallenged and uncontradicted evidence Credibility of - Proper approach of trial court thereto Issue:
Whether the lower court rightly made its garnishee nisi of 28 October 2014 absolute in the face of the disclosure made by the appellant in its affidavit showing cause.
Facts:
The deceased, a vehicle spray-painter was arrested on allegation of having in his work…